Supplying Psychoactive Substances (Section 5 Psychoactive Substances Act 2016)

Psychoactive Substances Act 2016, s.5

Either way
7 years' custody

Definition

A person commits an offence if (a) the person intentionally supplies a substance to another person, (b) the substance is a psychoactive substance, (c) the person knows or suspects, or ought to know or suspect, that the substance is a psychoactive substance, and (d) the person knows, or is reckless as to whether, the psychoactive substance is likely to be consumed by the person to whom it is supplied, or by some other person, for its psychoactive effects. (Psychoactive Substances Act 2016, s.5(1)) A person ("P") commits an offence if (a) P offers to supply a psychoactive substance to another person ("R"), and (b) P knows or is reckless as to whether R, or some other person, would, if P supplied a substance to R in accordance with the offer, be likely to consume the substance for its psychoactive effects. (Psychoactive Substances Act 2016, s.5(2))

Points to prove

A person
intentionally supplies a substance to another person
the substance is a psychoactive substance
the person knows or suspects, or ought to know or suspect, that it is a psychoactive substance
and knows, or is reckless as to whether, it is likely to be consumed by the person supplied, or by some other person, for its psychoactive effects
or (s.5(2)) offers to supply a psychoactive substance to another person, knowing or being reckless as to whether that person or some other person would, if supplied in accordance with the offer, be likely to consume the substance for its psychoactive effects

Supplying, or offering to supply, a psychoactive substance is an offence under s.5 Psychoactive Substances Act 2016. A person commits the offence under s.5(1) if the person intentionally supplies a substance to another person, the substance is a psychoactive substance, the person knows or suspects, or ought to know or suspect, that it is a psychoactive substance, and the person knows, or is reckless as to whether, it is likely to be consumed by the person supplied or by some other person for its psychoactive effects. A person commits the offence under s.5(2) if he offers to supply a psychoactive substance to another and knows or is reckless as to whether that person, or some other person, would, if supplied in accordance with the offer, be likely to consume the substance for its psychoactive effects; the psychoactive effects include those the substance would have if it were the substance offered (s.5(3)). The section is subject to the exceptions in s.11 (s.5(4)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding 7 years or a fine, or both; on summary conviction in England and Wales, imprisonment for a term not exceeding the general limit in a magistrates' court (12 months for an offence triable either way, Sentencing Act 2020, s.224(1A)(b)), or 6 months if the offence was committed before 2 May 2022, or a fine, or both (s.10(1)). Officers have a specific stop and search power under s.36 of the Act.

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. Drug exhibits must be sealed and weighed in the presence of the suspect where practicable. Field testing kits provide a presumptive result only: formal analysis is required for court. Record any indicators of supply (scales, deal bags, multiple phones, cash). The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).

Last updated 20 October 2026. Reviewed 20 October 2026

Mode of trial: Either way
Maximum sentence: 7 years' custody
Act and section: Psychoactive Substances Act 2016, s.5
Power of arrest: A constable may arrest without a warrant anyone who is about to commit an offence, anyone who is in the act of committing an offence, anyone whom he has reasonable grounds for suspecting to be about to commit an offence and anyone whom he has reasonable grounds for suspecting to be committing an offence (s.24(1)); if he has reasonable grounds for suspecting that an offence has been committed, anyone whom he has reasonable grounds to suspect of being guilty of it (s.24(2)); and if an offence has been committed, anyone who is guilty of the offence or whom he has reasonable grounds for suspecting to be guilty of it (s.24(3)). The power of summary arrest is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in s.24(5) it is necessary to arrest the person in question (s.24(4)) (Police and Criminal Evidence Act 1984, s.24).
Search on arrest: Where a police or customs officer has reasonable grounds to suspect that a person has committed, or is likely to commit, an offence under any of sections 4 to 9 or section 26, the officer may search the person for relevant evidence, and stop and detain the person for the purposes of the search, in any place to which the officer lawfully has access, whether or not it is a place to which the public has access (Psychoactive Substances Act 2016, s.36(1) to (3)). On arrest at a place other than a police station a constable may search the arrested person for anything which he might use to assist him to escape from lawful custody or which might be evidence relating to an offence and, the offence being an indictable offence, may enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence (Police and Criminal Evidence Act 1984, s.32(2)). A constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates to that offence or to some other indictable offence which is connected with or similar to it, with the written authorisation of an officer of the rank of inspector or above (Police and Criminal Evidence Act 1984, s.18(1) and (4)).
Detention clock: A person shall not be kept in police detention for more than 24 hours without being charged, the period running from the relevant time (Police and Criminal Evidence Act 1984, s.41(1) and (2)). The offence is an indictable offence (an offence triable either way is an indictable offence: Interpretation Act 1978, Schedule 1), so a police officer of the rank of superintendent or above who is responsible for the police station may authorise detention for a period expiring at or before 36 hours after the relevant time where detention without charge is necessary to secure or preserve evidence relating to the offence or to obtain such evidence by questioning, the offence is an indictable offence and the investigation is being conducted diligently and expeditiously (s.42(1)); a magistrates' court may issue a warrant of further detention for a period not longer than 36 hours (s.43(1), (11) and (12)) and may extend it for periods of not longer than 36 hours each, ending not later than 96 hours after the relevant time (s.44(1) and (3)).
Source: www.legislation.gov.uk/ukpga/2016/2/section/5